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New York Law Journal

Enemy of the State: Foreign Sovereign Immunity and Criminal Prosecutions after ‘Halkbank’

Now that the Halkbank and In re Grand Jury Subpoena decisions have made clear that foreign sovereign immunity does not prevent DOJ from enforcing grand jury subpoenas through criminal contempt charges, state-owned corporations must understand these risks and incorporate them as the costs of doing business in the United States.
10 minute read

Daily Business Review

What Will Happen to U.S. Efforts Against Financial Secrecy and Corruption Under Trump’s Leadership?

As the Trump administration takes office in mid-January, the U.S. stands at a pivotal moment in the fight against financial secrecy, financial crimes, and corruption. Experts from the FACT Coalition, Transparency International U.S. and the Foundation for the Defense of Democracies unpacked the critical issues at stake in 2025 in a panel, unveiling the trends to watch.
4 minute read

International Edition

McKinsey Subsidiary to Pay Over $122 Million to Settle US Investigation into South Africa Bribery Case

“McKinsey welcomes the resolution of these matters and the closure of this regretful situation,” a spokesperson with McKinsey Africa said in a statement.
2 minute read

New York Law Journal

McKinsey Subsidiary to Pay Nearly $123 Million to Settle US Investigation Into South Africa Bribery Case

“McKinsey welcomes the resolution of these matters and the closure of this regretful situation,” a spokesperson with McKinsey Africa said in a statement.
2 minute read

Corporate Counsel

GCs Face Peril as Foreign Bribery Probes Second-Guess 'Routine' Advice

"Very often, companies don't even realize that they are interacting with state-owned entities or third-party intermediaries with links to local government,"said Snežana Gebauer, a partner at StoneTurn.
12 minute read

New York Law Journal

Economic Extortion and the Foreign Corrupt Practices Act

Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA's ability to combat foreign corruption's harms.
10 minute read

Corporate Counsel

$10M John Deere Bribery Settlement Underscores Risks of Not Integrating Acquisitions

The Securities and Exchange Commission said that in the three years after Deere bought Wirtgen Thailand, the unit plied government officials with cash, massage parlor visits and lavish sightseeing trips to Europe. regulator found Illinois-based John Deere failed to integrate Wirtgen Thailand, a former German outfit into its existing compliance and controls environment after acquiring Wirtgen Group in 2017, resulting in "bribery schemes going unchecked for several years," the SEC's FCPA division enforcement chief Charles Cain said in a statement. "This action is a reminder for corporations to promptly ensure newly acquired subsidiaries have all the necessary internal accounting control processes in place."
4 minute read

Law.com

Internal Investigations From an International Perspective

The importance of conducting an internal investigation and the factors and ethical considerations your organization should consider.
13 minute read

New York Law Journal

FEPA: The Most Influential Anti-Bribery Legislation Since FCPA or a Paper Tiger?

For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
8 minute read

Corporate Counsel

Workers Have New Incentives to Snitch to Feds, Skipping Internal Ethics Hotlines

"Could there be certain employees who choose not to report internally because they have a prospect of a whistleblower award at DOJ--yes," said Steve Fagell, a Covington & Burling partner.
7 minute read

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